Legal Opinion

Bragg v. Central New England Railway Co.

New York Court of Appeals

Decided January 27, 1920PublishedCited by 26 opinions

Appeal from a judgment entered December 23, 1914, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. There was sufficient evidence for the jury to apply the doctrine of “ subsequent negligence."

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Appeal from a judgment entered December 23, 1914, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. There was sufficient evidence for the jury to apply the doctrine of “ subsequent negligence." (Kenyon v. N. Y. C. & H. R. R. R. Co., 5 Hun, 479; 76 N. Y. 507; Demand v. N. Y. C. & H. R. R. R. Co., 198 N. Y. 102; Hallock v. N. Y., O. & W. R. R. Co., 197 N.…

1Opinion of the CourtAndrews, J.

George Bragg was a sectionman on the defendant’s railroad. At seven o’clock on the morning of October 1, 1909, he began his day’s work. Late in the afternoon there was a wreck. In consequence, he was kept at work during the entire night and at seven on the morning of the 2d he was sent down the track with orders to flag approaching trains. Here he stayed until some time between eleven and twelve o’clock. A few minutes before this hour he was seen seated on a tie close to the rails with his head between his knees and apparently sleeping. After twenty-nine hours of continuous labor, if sleep…

2Cited by26 opinions

  1. Panarese v. Union Railway Co.New York Court of Appeals · 1933
  2. Woloszynowski v. N.Y.C.R.R. Co.New York Court of Appeals · 1930
  3. Chadwick v. City of New YorkNew York Court of Appeals · 1950
  4. Kumkumian v. City of New YorkNew York Court of Appeals · 1953
  5. Chapin v. StickelWashington Supreme Court · 1933

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